Status of
of Foothill Yellow-Legged Frogs (Rana boylii)

Status | 2023-05-09
Marcia Grefsrud | Elkhorn Slough CTP

Legal Status

  1. Multiple levels
  2. Species of Special Concern
  3. State ESA
  4. Federal ESA

Species of Special Concern (SSC)

  • a species, subspecies, or distinct population of an animal* native to California that currently satisfies one or more of the following (not necessarily mutually exclusive) criteria**:
    • is extirpated from the State or, in the case of birds, is extirpated in its primary season or breeding role;
    • is listed as Federally, but not State, threatened or endangered;
    • meets the State definition of threatened or endangered but has not formally been listed;
    • is experiencing, or formerly experienced, serious (non-cyclical) population declines or range retractions (not reversed) that, if continued or resumed, could qualify it for State threatened or endangered status;
    • has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if realized, could lead to declines that would qualify it for State threatened or endangered status.

Federal ESA (1973)

Purpose: to protect and recover imperiled species and the ecosystems upon which they depend.

  • Administered by the U.S. Fish and Wildlife Service (Service) and the Commerce Department’s National Marine Fisheries Service (NMFS)
  • Species may be listed as either endangered or threatened
    • “Endangered” means a species is in danger of extinction throughout all or a significant portion of its range
    • “Threatened” means a species is likely to become endangered within the foreseeable future
    • All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened.

California ESA (CESA, 1970)

Enacted in 1970 based on concern regarding the decline of wildlife species in CA. 1997 amendment gives explicit authority to permit

  • First state to prohibit the importation, take, possession, or sale of rare and endangered species.
  • Species may be listed as Threatened , Endangered, or candidates

CESA Definitions

  • Endangered: A native species or subspecies of bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease
  • Threatened: A native species or subspecies…that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter
  • Candidate: A native species or subspecies that the commission has formally noticed as being under review by the Department for listing. Candidates are given full CESA protection

Comparisons

ESA

  • Take: Harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt

  • Harass: An intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns (e.g., breeding, feeding, or sheltering)

  • Harm: an act that kills or injures wildlife includes significant habitat modification or degradation that kills or injures wildlife.

  • Candidate: No protection

CESA

  • Take hunt, pursue, catch, capture or kill or attempt to do so
  • Harass-no state equivalent
  • Harm-no state equivalent
  • Candidate: provides protection as if it were listed.

Frog Timeline

  • First described (Baird 1854)
  • Synopsis of Amphibia in CA (Storer 1925)
  • Full species detailed (Zweifel 1955)
  • Species of Special Concern (1994 Jennings and Hayes, CDFW)

Storer 1925

Frog Timeline

  • Petition for State Listing (2016 Center for Biological Diversity)
  • Status Review
  • Fish and Game Commission vote to advance to candidacy June 21, 2017
  • Jul 7, 2017, projects within foothill yellow-legged frog habitat need authorization for take if take could not be avoided
  • Federal ESA listing expected June 15 (USFWS 2023)

DFW Listing Status

  • CDFW evaluated whether listing the species was warranted for six unique genetic clades.
  • December 11, 2019 FGC made a finding pursuant to California Fish and Game Code Section 2075.5, in response to the petition

North Coast (NW)

  • Listing not warranted at this time

Feather River

  • Threatened

North Sierra (NE)

  • Threatened

Southern Sierra (E)

  • Endangered

Central Coast (W)

  • Endangered

South Coast (SW)

  • Endangered

Federal Petition

  • July 11, 2012, CBD petitioned to list 53 species of reptiles and amphibians as endangered or threatened under the ESA.
    • included the foothill yellow-legged frog
  • July 1, 2015, FWS found that listing may be warranted
  • August 30, 2016, settlement agreement complete findings, later extended to December 2021

Distinct Population
Segments (DPS)

  • USFWS also determined that the foothill yellow-legged frog is comprised of six entities
  • North Coast, Central Coast, South Coast, North Feather, North Sierra, and South Sierra are both discrete and significant under DPS Policy

Federal Proposal

  • North Coast and North Sierra not warranted at this time
    • CDFW determined the Northeast Sierra/Northern Sierra to be threatened
  • FWS maps follow historic range
  • Critical habitat has not been determined (likely Fall 2023)

North Feather DPS

  • Threatened
  • includes proposed 4(d) Rule

CDFW Comparison to USFWS

Endangered

Endangered

Southern Sierra DPS

  • Endangered

CDFW Comparison to USFWS

Endangered

Endangered

South Coast DPS

  • Endangered

CDFW Comparison to USFWS

Endangered

Endangered

Central Coast DPS

  • Threatened

CDFW Comparison to USFWS

Threatened

Threatened

4(d) Proposal Exceptions

  • This proposed 4(d) rule would provide exceptions to “take” prohibitions, such as:
    • forest management actions for the purpose of reducing the risk or severity of catastrophic wildfires and protecting stream habitat,
    • removal and restoration of trespass cannabis cultivation sites as approved by the Service
    • Non-native species removal

Take

Fish & Game code section 86: ‘take’ defined as hunt, pursue, catch, capture, or kill or attempt to hunt, pursue, catch, capture, or kill.

  • “take” is prohibited unless authorized by CDFW pursuant to Fish and Game Code section 2080.1, 2081, subdivision (a) or (b), 2089.6, or 2835, or by the Commission pursuant to Fish and Game Code section 2084.

CA Take Authorization Types

  • Incidental take permit (ITP; Fish & G. Code § 2081, subd. (b); Cal. Code Regs., tit. 14, §§ 783.2-783.8)
  • Consistency determination if federal incidental take has been authorized (CD; Fish & G. Code, § 2080.1)
  • Safe harbor agreement (SHA; Id., § 2089.6)
  • Natural community conservation plan (NCCP; Id., § 2835)
  • Take authorization issued pursuant to CESA requires project- and species-specific avoidance and minimization measures, as well as full mitigation for project related impacts

Federal Take Authorization

  • ESA Section 7 Biological Opinion- regulates federal government actions
  • ESA Section 10 Habitat Conservation Plans (HCPs)
  • Safe Harbor Agreement

Projects & Permitting

  • Most projects in FYLF habitat will require a Streambed Alteration Agreement (SAA)
  • SAA does not provide take coverage
  • If the project is in one of the listed clades and within habitat suitable for FYLF appropriate take coverage should be obtained.

Project Considerations

Avoidance

  • Conduct activity during dry conditions
  • Use exclusion fencing to isolate project area or activities
  • Provide refuge opportunities
  • No ground disturbance
  • Buffers along potential/connected habitats

Project Considerations

Weekly egg mass surveys

  • Egg clutch relocation
    • Best option to reduce mortality if instream work must occur prior to metamorphose or stream drying
    • Easier to move intact clutch than partially or fully hatched
    • Clutch with rock in bucket. 2-3 clutches/bucket
    • Distribute clutches upstream
    • If egg mass becomes dislodged use flow through bucket or laundry basket

Hatching Baskets

If egg mass becomes dislodged, place in flow through bucket/laundry basket and anchor in streambed.

Newly Hatched Tadpoles

Additional Measures

  • Decontaminate equipment and gear that may become wet
  • Diversion screening
  • Qualified biologist onsite for clearing and grubbing phases
  • Look under rocks, reach under overhanging banks

Compensatory Mitigation Example

  • Must meet full mitigation requirement
  • Creation/enhancement & long-term management of RABO breeding habitat and non-breeding habitat
  • Conservation in perpetuity

Breeding Habitat Creation/Enhancement & Long Term Management

  1. Obtain CDFW written approval of the proposed RABO breeding habitat and non-breeding habitat
  2. Prepare a RABO Breeding Habitat Enhancement/Creation & Long-Term Management Plan
  3. Submit to CDFW for review and approval within 120 days of the issuance of this Amendment
    • The Plan may incorporate a range of actions and may include invasive species management, opening the canopy to enhance RABO breeding habitat, planting riparian trees along tributary reaches, creating pool habitat in tributary reaches, or a combination of actions
    • The Plan shall include a minimum of 10 years of monitoring and shall include success criteria for created/enhanced elements

Breeding Habitat Creation/Enhancement & Long Term Management

  1. Provide a recent preliminary title report, initial hazardous materials survey report, (or other reports approved by CDFW that provide similar information) and other necessary documents for the RABO Habitat Plan.
  2. If, after a minimum of 3 breeding seasons, the analysis and monitoring at the Project site shows RABO breeding within the Project Area is not successful or has declined relative to control locations, then:
    • Permittee shall enhance/create additional breeding habitat and an amendment to the permit shall be required.

Future Management Goals

  • Require frog-friendly flow regimes
  • Restore degraded habitat
  • Eradicate invasive predators
  • Restrict pesticide use
  • Mitigate cannabis cultivation impacts
  • Prevent future habitat loss
  • Re-establishing extirpated population

A frog rana boylii

Questions?